P. v. Hunter
A jury convicted appellant, Frank Dale Hunter, of assault by means of force likely to cause great bodily injury in violation of Penal Code[1]section 245, subdivision (a)(1), and felony child endangerment in violation of section 273, subdivision (e). Appellant had thrown and kicked his 11-year-old nephew following an argument. Thereafter, in a bifurcated bench trial, the court found true the allegation that appellant had served four prior prison terms within the meaning of section 667.5, subdivision (b). The court sentenced appellant to the upper term of six years for child abuse, the upper term of four years for assault, which was stayed pursuant to section 654, and imposed four one year prior prison term enhancements for a total term of ten years. Appellant is correct. Accordingly, three of the four one year prior prison term enhancements will be ordered stricken.
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